Bill Text: NY A10043 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the crimes of deceptive wearing of a mask and aggravated deceptive wearing of a mask; makes such crimes a class B misdemeanor and a class A misdemeanor, respectively.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-05-02 - referred to codes [A10043 Detail]

Download: New_York-2023-A10043-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10043

                   IN ASSEMBLY

                                       May 2, 2024
                                       ___________

        Introduced by M. of A. REILLY -- read once and referred to the Committee
          on Codes

        AN ACT to amend the penal law, in relation to establishing the crimes of
          deceptive wearing of a mask and aggravated deceptive wearing of a mask

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding two new sections  190.90
     2  and 190.91 to read as follows:
     3  § 190.90 Deceptive wearing of a mask.
     4    A  person  is  guilty of deceptive wearing of a mask when, such person
     5  being masked or in any manner disguised by unusual or  unnatural  attire
     6  or  facial alteration, loiters, remains or congregates in a public place
     7  with other persons so masked or disguised while engaged  in  a  protest,
     8  rally  or other public assembly, or knowingly permits or aids persons so
     9  masked or disguised to congregate in a public place;  except  that  such
    10  conduct  is  not  unlawful  when  it is worn for religious observance or
    11  customs or when it occurs in connection with a masquerade party or  like
    12  entertainment  if,  when  such entertainment is held in a city which has
    13  promulgated regulations in connection with such affairs,  permission  is
    14  first obtained from the police or other appropriate authorities.
    15    Deceptive wearing of a mask is a class B misdemeanor.
    16  § 190.91 Aggravated deceptive wearing of a mask.
    17    A  person  is  guilty  of aggravated deceptive wearing of a mask when,
    18  such person being masked or in any manner disguised by unusual or  unna-
    19  tural  attire or facial alteration, loiters, remains or congregates in a
    20  public place with other persons so masked or disguised while engaged  in
    21  the  conduct of deceptive wearing of a mask and cause injury to a person
    22  or damage to property or theft of property belonging to another  person,
    23  or  knowingly  permits or aids persons so masked or disguised to congre-
    24  gate in a public place; except that such conduct is not unlawful when it
    25  is worn for religious  observance  or  customs  or  when  it  occurs  in
    26  connection  with  a masquerade party or like entertainment if, when such
    27  entertainment is held in a city which  has  promulgated  regulations  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15268-03-4
        A. 10043                            2

     1  connection  with  such  affairs,  permission  is first obtained from the
     2  police or other appropriate authorities.
     3    Aggravated deceptive wearing of a mask is a class A misdemeanor.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.